Rejection of BJP candidate nomination in Navi Mumbai illegal: HC; lifts stay on poll in ward

Mumbai, Jan 9 (PTI) The Bombay High Court on Friday overturned a returning officer's order rejecting BJP candidate Nilesh Bhojane's nomination for the January 15 elections to the Navi Mumbai Municipal Corporation (NMMC), terming the decision as "patently illegal".

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad also vacated the stay ordered on elections from the civic ward where he had filed his nomination.

The court held that the nomination paper submitted by Bhojane from NMMC ward 17-A in Vashi was valid and directed the election returning officer (ERO) to include his name in the list of candidates permitted to contest from the ward.

The bench directed that the elections shall continue, as per schedule, with poll authorities making necessary arrangements, if needed (for inclusion of his name among candidates).

Bhojane's nomination form was rejected by the returning officer under section 10(1D) of the Maharashtra Municipal Corporation Act on the grounds that there was unauthorised construction on his property. Nominations for the polls were accepted till December 30.

He challenged the December 31 order of the ERO holding his nomination invalid after scrutiny.

As per section 10(1D) of the Act, a person shall be disqualified for being a councillor if he or she, or a dependent family member, has constructed any illegal or unauthorised structure.

In his plea, Bhojane contended that this section applies only to a sitting councillor and not a candidate.

The respondents, including the State Election Commission (SEC) and the NMMC, argued that the Constitution creates an absolute bar against court interference once the election process has begun.

They stated that including the petitioner among the list of candidates now would require reprinting ballot papers and rescheduling EVM preparations, potentially stalling the entire 111-seat election to the civic body.

The bench, however, dismissed this objection, citing Supreme Court precedents.

The high court stressed that interference in matters like the present one "would not impede the process of municipal elections".

"In the present case, without any inquiry or adjudication, it is found on the face of the records that the nomination paper of the petitioner has been held invalid by applying a wrong provision of law," the HC observed.

"This case is definitely of an unusual and exceptional kind. That was precisely the reason we granted the interim order on January 8, 2026," it added.

The bench on Thursday (January 8) granted an interim stay on the elections in ward 17-A and also the ERO's order.

The court on Friday accepted the BJP candidate's argument that the returning officer incorrectly applied disqualification laws meant for sitting councillors to a first-time nominee.

The bench emphasised that the order of the ERO dated December 31, 2025, was "patently illegal and is accordingly quashed".

"Consequently, the nomination paper submitted by the petitioner is held valid and we hereby direct the respondent-ERO to include his name in the list of the candidates who are permitted to contest the elections from Ward No 17A, NMMC," the court ruled.

It ordered that the NMMC poll will continue as planned and the respondents shall do the needful to include Bhojane's name.

Navi Mumbai is among 29 cities and towns in Maharashtra where municipal corporation elections will be held on January 15. PTI AVI NR RSY